Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, January 6, 2004

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Jan. 6, 2004 in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street. Mayor Dick Sears presided, calling the meeting to order at 7 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened.

Board Members Present: Commissioners Parrish Womble, Mike Taylor, Chet VanFossen, Peter Atwell and Hank Dickson and Mayor Sears.

Board Members Absent: None.

Staff Members Present: Carl Dean, town manager; Charles Simmons, assistant town manager; John Schifano, town attorney; Joni Powell, town clerk (recording the minutes); Linda R. Harper, deputy town clerk; Drew Holland, finance director; Cecil Parker, chief of public safety; Kendra Thompson, senior engineer; Stephanie L. Sudano, director of engineering; Jennifer Mizelle, director of economic development; and Gina Bobber, planning director.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Sam Gore of Salt and Grace Ministries.

4. Agenda Adjustment: The Jan. 6, 2004 meeting agenda was adopted with changes, if any, as listed below.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous.

Items Added to the Agenda: None.

Consent Agenda Items Removed: Commissioner Atwell requested that the minutes of the Dec. 16, 2003 meeting be removed from the Consent Agenda and placed under New Business for discussion.

Other Changes: None.

5. Public Hearing: Hazard Mitigation Plan ‑ Ms. Thompson explained that over the past few months, the Town has developed a draft Hazard Mitigation Plan. She said this plan is required by the State and Federal governments in order to remain eligible to receive disaster relief funds in the event of a disaster.

Ms. Thompson said the development of the plan is being partially funded by a Hazard Mitigation Grant from the NC Division of Emergency Management. She said that tonight’s meeting is an opportunity for the general public to hear about the major findings of the planning process and to review the recommended mitigation actions that the Town is proposing to undertake to reduce community vulnerability to natural hazards.

Ms. Thompson said that in the next few weeks, the draft plan will be submitted to the NC Division of Emergency Management (NCDEM) for review and approval. She said that once the plan is approved by NCDEM, the Town will hold a second public hearing and adopt the Hazard Mitigation Plan.

Ms. Thompson advised the Board that the purpose of devising the Hazard Mitigation Plan are as follows:

To demonstrate local commitment to hazard mitigation planning principles;

To reduce natural hazard vulnerability by reducing the potential for future damages and economic losses;

To speed recovery and redevelopment following future natural hazard events;

To comply with both State and federal legislative requirements for local hazard mitigation planning; and

To qualify for additional grant funding, in both pre-disaster and post-disaster situations.

She noted that steps involved in the process of creating the plan include: identification and analysis of hazards; a community vulnerability assessment; a community capabilities assessment; formation of interim conclusions; establish community goals and objectives; identify mitigation strategies/actions; devise procedures for monitoring, evaluating, and reporting progress; write procedures for revisions and updates; and adoption.

Ms. Thompson said goals of the hazard mitigation plan are to protect the public health, safety and welfare by increasing public awareness of hazards and by encouraging most collective and individual responsibility for mitigating hazard risks; to

improve technical capability to respond to hazards and to improve the effectiveness of hazard mitigation actions; to enhance existing or create new policies and ordinances that will help reduce the damaging effects of natural hazards; and to protect the most vulnerable populations, buildings and critical facilities through the implementation of cost-effective and technically feasible mitigation actions.

Objectives of the plan, she said, are:

1. The Town will engage in activities and practices that will help mitigate the impacts of natural hazards;

2. The Town will, in cooperation with Wake County, implement a public

awareness campaign to educate citizens of the possible hazards associated with

locating in floodplains and of measures that can be taken to lessen impacts of future

floods.

3. The Town will work to ensure that emergency services are adequate to protect

public health and safety.

4. The Town will work to keep infrastructure extensions out of hazardous areas in order to not actively encourage development to occur in known hazardous areas.

5. The Town will regularly monitor hazard mitigation efforts to ensure that adequate progress is being made towards stated goals. With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.

There being no comments, the public hearing was closed.

Action: The Board approved a motion to endorse the Hazard Mitigation Plan and directed that it be forwarded to the NC Division of Emergency Management for its review and consideration.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

6. Holly Springs Chamber of Commerce Progress Report ‑ Mr. David N. Bryan, immediate past-president of the Holly Springs Chamber of Commerce, reported to the Board on the 2003 successes, activities and accomplishments of the Chamber of Commerce.

Action: None.

7. Annexation Ordinance A03-03, Angela and Scott Coulter - Ms. Bobber said the Town has received a petition for voluntary annexation of land containing 1.37 acres located at 4317 Kildaire Farm Road, (property between Kildaire Farm Road and Aviary Circle.) She said the petition meets all the statutory requirements for annexation and a public hearing was held on December 16, 2003.

Action: The Board approved a motion to adopt Annexation Ordinance A03-03 annexing property containing 1.37 acres located at 4317 Kildaire Farm Road, property owned by Angela and Scott Coulter.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

A copy of Annexation Ordinance A03-03 is incorporated into these pages as addendum pages.

8. Consent Agenda: All items on the Consent Agenda were approved following a motion by Commissioner Dickson, a second by Commissioner Atwell and a unanimous vote. The following actions were affected:

8a. Budget Amendment, $2,500 ‑ The Board adopted an amendment to the FY 2003-04 budget in the amount of $2,500 to receive grant funds from the North Carolina League of Municipalities for an employee wellness benefit. A copy of the budget amendment is incorporated into these minutes as an addendum page.

8b. Sunset Lake Road Improvement Project Appraisals ‑ The Board authorized the Town Attorney to enter into contracts for property appraisals associated with the Sunset Lake Road improvements project.

8c. Fire Protection Automatic Aid Agreement with the Town of Apex ‑ The Board entered into a fire protection automatic aid agreement with the Town of Apex. A copy of the Town of Apex and Holly Springs fire protection automatic aid agreement is incorporated into these minutes as addendum pages.

8d. Ratification of Regional Wastewater Study Agreement ‑ The Board ratified amendments to the regional wastewater study agreement as approved by the Town Board on December 2, 2003. A copy of the revised regional wastewater study agreement is incorporated into these minutes as addendum pages.

8e. Minutes ‑ This item was removed during Agenda Adjustment for discussion under New Business.

9a. NCDOT Municipal Agreement – Ms. Sudano said this request is for approval of a North Carolina Department of Transportation municipal agreement that would provide $400,000 in grant funds for the construction of Ballentine Street from Irving Parkway to Premiere Drive (estimated to be a $515,000 project.) She said that this agreement is in the standard format and would provide funds to be used for design and construction of a two-lane roadway that would serve to open up properties in the Holly Springs Business Park for future development.

Ms. Sudano noted that the Town would be entering into the agreement through the adoption of Resolution 04-01 authorizing the terms of the agreement.

Action: The Board approved a motion to enter a municipal agreement with North Carolina Department of Transportation to accept grant funds in the amount of $400,000 for the extension of Ballentine Street from Irving Parkway to Premiere Drive through adoption of Resolution 04-01.

Motion By: Womble

Second By: Dickson

Vote: Unanimous

Copies of the NCDOT municipal agreement and Resolution 04-01 are incorporated into these minutes as addendum pages.

9b. Ballentine Street Extension Design Contract – Mrs. Sudano explained to the Board that subsequent to the receipt of news that the Town would be receiving NCDOT grant funds for the extension of Ballentine Street, the Town Board on Dec. 16 directed staff to begin the negotiation process with Mulkey Engineering for a proposal to design the project.

Mrs. Sudano said that in order to prepare the proposal on such a short time frame, research had to occur before several of the tasks could be scoped (and therefore priced), including: environmental issues (requires regulatory agency opinions, surveying remaining, and schedule (dependent upon NCDOT review process).

Mrs. Sudano said the cost for the proposed design work for this project is in the amount of $77,290.

Action: The Board approved a motion to enter a professional services agreement with Mulkey Engineering in the amount of $$77,290 for the design of the Ballentine Street extension project.

Motion By: Womble

Second By: Dickson

Vote: Unanimous

A copy of Mulkey Engineering contract is incorporated into these minutes as addendum pages.

9c. CDBG Scattered Site House Rehabilitation Selection ‑ Ms. Mizelle said that after reviewing the 13 applications received and inspection of the applicant homes, two homes are being recommended for rehabilitation through funding from the the current CDBG grant project. She said one home is located on North Main Street, and the other is located on Bass Lake Road.

Ms. Mizelle said the occupants of the houses are of low income, elderly and are disabled. She noted that rehab work was performed on the home on Bass Lake Road in 1993 with $11,370 in CDBG grant funds. Ms. Mizelle said the grant has been forgiven under terms of the payback agreement.

Ms. Mizelle said that town staff recommends that the Town obtain bids for the rehabilitation of these two homes. As the work is nearing completion, she added, the Town may be able to determine whether one additional house could be repaired with any remaining grant funds.

Commissioner Atwell asked why the home on Bass Lake Road is eligible for further rehab if work was done in 1993.

Larry Jarvis of The Wooten Company, which is administering the grant program for the Town, explained that the work done in 1993 did not completely bring the home up to code. He said he was not certain whether the work brought the home up to 1993 standards, but it nevertheless does not meet existing code. Jarvis noted that the Town had its own in-house community development director who administered the 1993 grant and an inspector who was to ensure all work was done properly.

Commissioner Atwell said he would like to know more about this.

Action: The Board approved a motion to authorize housing rehabilitation at the homes of Virginia Bryant McDougal, 420 Bass Lake Road, and Ruth P. Mason, 1625 N. Main Street, under the CDBG Scattered Sites program.

Motion By: Atwell

Second By: VanFossen

Vote: Unanimous

9d. Sunset Lake Road and Holly Springs Road Shopping Center Developers Agreement ‑ Mrs. Sudano said that subsequent to the approval of the Sunset Lake Shopping Center project, and simultaneous with the design of the Town's Sunset Lake Road/Holly Springs Road intersection improvements project, the terms of a developer agreement between the Town and the Sunset Lake Road Shopping Center developer have been finalized. She said the developer has indicated that he is ready to move forward with the shopping center project simultaneous with the Town's construction of the intersection project.

Ms. Sudano said that one item contained within the developer agreement had not yet been finalized ‑ specific terms surrounding the removal of underground tanks from the right of way being dedicated to the Town - when agenda packets were distributed. She reported that this term of the agreement had been finalized and that the developer would be obligated under the agreement to remove the underground tanks from the dedicated right of way.

Mrs. Sudano said the following is a brief summary of the major points included in the developer agreement:

• Developer will dedicate all ROW’s and necessary easements along both Phase 1 and Phase 2 (or future) phase of the Sunset Lake Shopping Center project; this shall include right of way for the future re‑alignment of Optimist Farm Road;

• Developer will make a payment in lieu of roadway improvement costs in the amount of $538,973.30, which includes a 5% contingency. Developer will be eligible to receive a refund of any portion of the contingency (only) that is not spent by the Town on the project in the areas for which the developer is responsible for construction costs. The payment in lieu is the maximum amount the developer will have to pay to the Town for the improvements in accordance with the agreement;

• The developer shall deposit payments in lieu into an escrow account before “conditional award” of the roadway project, estimated to be around February 17th, 2004; a Letter of Credit may be provided in lieu of an escrow account & agreement;

• Upon final approval of the project by the LGC, anticipated to be on April 9th, 2004, the developer shall convert the monies into a cash payment to the Town;

• The Town shall design and administer construction of the roadway, to be complete within 9 to 12 months of beginning construction;

• The Town agrees to administrative approval of a small site change pertaining to the required buffer at the intersection of the roadways due to a change in the right of way required by the Town for the project;

• The developer has specific responsibilities pertaining to the full removal of existing underground fuel tanks which are located under future pavement within future right of way;

• With execution of the terms of the agreement on the time line established in the agreement, the Town grants an extension to the developer’s project development plans to remain valid through April 30, 2004.

Action: The Board approved a motion to enter a developer’s agreement with J. & H. of Holly Springs, LLC and Live Oak Partners Limited Partnership for the development of Sunset Lake Shopping Center located in the vicinity of Holly Springs Road and Sunset Lake Road.

Motion By: VanFossen

Second By: Womble

Vote: Unanimous.

A copy of J. & H. of Holly Springs, LLC and Live Oak Partners Limited Partnership developers agreement is incorporated into these minutes as addendum pages.

9e. Minutes – Commissioner Atwell had requested that the minutes of the Board’s regular meeting held on Dec. 16, 2003 be removed from the Consent Agenda for discussion under New Business.

Commissioner Atwell said he wanted clarification in the minutes – for the historical record – that it was he that felt the proposed high school was not attractive. The wording, he said, referred generally to “some board members.”

Commissioner Dickson said he, too, wanted the general phrase to be replaced and also naming him as one of the board members who felt the design of the building was ugly.

Action: The Board approved a motion to approve the minutes of the Board’s regular meeting held on Dec. 16, 2003, as amended.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

10. Public Comment: At this time, an opportunity was provided for members of the audience who had registered to speak to address the Board on any variety of topics not listed on the night’s agenda. The following citizens were heard: None

11. Other Business: The Board adjusted the dates for its 2004 Winter Retreat to Jan. 30 through Feb. 1, 2004 and decided to hold the session in Pinehurst.

12. Manager’s Reports: Mr. Dean reported on an issue raised regarding litter on the Hwy. 55 Bypass. He said Mr. McNeil would be hiring part-time employees to assist in keeping the Town’s major thoroughfares clean. Mr. McNeil also said that no littering signs have been ordered and would be posted.

13. Closed Session: The Board approved a motion to enter into Closed Session, pursuant to 143-318.11(a)(3), to discuss retaining outside counsel for a specialized legal matter.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

General Account of Closed Session – Jan. 6, 2004

In Closed Session Mr. Schifano explained that he recommended the Town retain outside counsel for legal work on sewer permitting options. He said the recommended firm would provide legal advice on whether the town is prohibited by contract or otherwise to seek additional permit capacity; what likelihood of success would the town have to mount a legal challenge to a future denial; and what regulatory issues are involved with a proposed disposal of treated effluent in a particular non-discharge setting.

-- End General Account

The Board returned to Open Session following a motion by Commissioner VanFossen, a second by Commissioner Atwell and a unanimous vote.

Action: Upon return to Open Session, the Board approved a motion to retain Poyner & Spruill for legal work on sewer permitting options, as recommended by the Town Attorney.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous

14. Adjournment: There being no further business for the evening, the Jan. 6, 2004, meeting of the Holly Springs Board of Commissioners was adjourned at 8:30 p.m. following a motion by Commissioner Atwell, a second by Commissioner Taylor and a unanimous vote.

Respectfully Submitted on Tuesday, January 20, 2004.

_________________________________

Joni Powell, CMC

Town Clerk

Addendum pages as referenced in these minutes follow and are a part of the official record.